Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

Robert Bonomi bonomi at mail.r-bonomi.com
Thu Oct 7 22:49:22 UTC 2010



> To: FreeBSD <freebsd-questions at freebsd.org>
> Date: Wed, 06 Oct 2010 14:46:34 -0700
> Subject: Re: Like it or not,
> 	Theo has a point... freebsd is shipping export-restricted software
> 	in the core
>
>
> I understand that entirely.  Which is why it would be reasonable (and
> downright ethical) to ensure that every FreeBSD integrator be made well
> aware of this restriction.
>
> It hadn't occurred to *me* for example to think that FreeBSD might be
> restricted. 

We are not responsible for _your_ lack of understanding OF THE LAW.

But then, you've been there before on that, and learned the 'hard way'
didn't you.

Pure and simple, _if_ there is software involved, there *MAY* be export-
control issues.

*ANYONE* in the business of exporting software _should_ be aware of that
fact, and as a matter of basic 'due diligence' know about _their_ national
laws on the matter, and how/where to find out what kinds of software are
restricted, and on what basis.

It is worth noting that since the original software author (Intel) put the
"it is possible an export license may be required under some circumstances"
notice on their software that anyone who takes said notice -off- had better
have (1) a -solid- professionally-rendered legal opinion that no such license
is required under _any_ circumstances, and (2) massive liability insuance
in case they are wrong.

The party that removes the warning notice of a possible risk *IS* liable
to the party who 'relies' on such removal as evidence that no license is
needed.

If a cautionary notice was _never_ present, that is one thing, and one cannot
draw conclusions from the omission.

If a notice _was_ present, and "someone" removes it, that 'affirmtive acton'
is a _very_ different thing.



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